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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2018 NY Slip Op 03411 [161 AD3d 1357]
Regular Panel Decision
May 10, 2018

Matter of Singleton v. New York State Off. of Children & Family Servs.

Petitioner Charles Singleton challenged the termination of his employment by the New York State Office of Children and Family Services (OCFS) following the expiration of his workers' compensation leave. He contended that his work-related injury was assault-related, entitling him to a two-year leave rather than the one-year leave OCFS granted for a non-assault injury. After his employment was terminated, Singleton initiated a CPLR article 78 proceeding seeking reinstatement or a post-termination hearing to dispute the injury classification. The Supreme Court dismissed his petition as untimely, ruling that the four-month statute of limitations began when he received OCFS's August 25, 2015 letter classifying his injury. The Appellate Division affirmed this decision, finding that the classification became final and binding upon receipt of the letter, as no administrative procedure existed for challenging such a determination.

Employment LawPublic SectorAdministrative LawStatute of LimitationsWorkers' CompensationInjury ClassificationCPLR Article 78Appellate ReviewDue ProcessLeave of Absence
References
14
Case No. MISSING
Regular Panel Decision

In re Danielle YY.

This is an appeal from an order of the Family Court of Ulster County, which found respondent’s two children to be abused and three to be neglected. The respondent was accused of sexually abusing two daughters, subjecting all three children to excessive corporal punishment, and leaving one child, Gabrielle, sick and unsupervised. The Family Court’s findings were based on the children’s in-camera testimony, corroborated out-of-court statements, and respondent’s admissions. The Appellate Court affirmed the Family Court’s decision, concluding that the findings of abuse and neglect were supported by a preponderance of the evidence and that the Family Court did not err in denying a second psychological examination.

Child AbuseNeglectCorporal PunishmentSexual AbuseFamily Court ActParental RightsWitness TestimonyExpert EvidenceCorroborationAppellate Review
References
10
Case No. 2018 NY Slip Op 00201
Regular Panel Decision
Jan 11, 2018

Matter of Leah VV. (Theresa WW.)

This case involves an appeal from Family Court's dismissal of a neglect petition against Theresa WW., mother of five children. The petition was filed by Sullivan County Department of Family Services after the youngest child tragically drowned in the bathtub while left unattended by the mother. Family Court initially found that the petitioner failed to establish a prima facie case of neglect. The Appellate Division, Third Department, reversed this decision, concluding that leaving a 16-month-old child unattended in a bathtub for 1 to 10 minutes constitutes an intrinsically dangerous act and establishes neglect. The matter was remitted to Family Court for a dispositional hearing.

Child NeglectChild DrowningParental SupervisionPrima Facie CaseAppellate ReviewFamily Court Act Article 10Reversal of DecisionDispositional HearingUnattended ChildPreponderance of Evidence
References
5
Case No. MISSING
Regular Panel Decision

In re Jayson G.

Respondent mother Candi G. appealed a Family Court order from Jefferson County, which had denied her motion for leave to renew. The original Family Court order found she had abused and neglected her two children, having admitted to subjecting the older child to needless medical procedures that posed a risk to the child's health. The court placed both children in the custody of the petitioner. Candi G. sought to vacate her admission, claiming it was not knowingly made based on a social worker's alleged representation. The appellate court unanimously affirmed the Family Court's decision, concluding that Candi G. was properly advised, understood the proceedings, made the admission after consulting her attorney, and failed to demonstrate good cause to vacate the order.

Child AbuseChild NeglectFamily LawAppellate ReviewMotion to RenewAdmission of GuiltParental RightsCustody DisputeDue ProcessJudicial Discretion
References
4
Case No. MISSING
Regular Panel Decision

Stolarski v. Family Services of Westchester, Inc.

Plaintiff Arlene Stolarski appealed a judgment from the Supreme Court, Westchester County, which dismissed her cause of action to recover damages for conscious pain and suffering in a wrongful death action. The decedent, after an apparent suicide attempt and subsequent consultations with Family Services of Westchester, Inc., died by suicide shortly after. Plaintiff alleged negligence by Family Services in treating the decedent's depression, causing conscious pain and suffering between October 19, 2005, and October 28, 2005. The Supreme Court initially granted the defendant's motion to dismiss, reasoning that such damages couldn't be recovered in a wrongful death action and that the depression was pre-existing. The Appellate Division reversed, holding that a cause of action for personal injuries, including conscious pain and suffering due to professional malpractice, survives the decedent's death and may be recovered by her estate, and that pre-existing conditions do not preclude proving exacerbation by alleged negligent treatment.

Wrongful DeathConscious Pain and SufferingProfessional MalpracticeNegligenceSuicideMental Health TreatmentSurvival StatuteAppellate ReviewMotion to DismissPre-existing Condition
References
14
Case No. MISSING
Regular Panel Decision

Lewis Family Farm, Inc. v. New York State Adirondack Park Agency

Lewis Family Farm (Lewis Farm) sought to build housing for farm workers in Essex County, within the Adirondack Park. The Adirondack Park Agency (APA) asserted jurisdiction, issued a cease and desist order, and levied a $50,000 civil penalty, claiming the structures were 'single family dwellings' requiring a permit. Lewis Farm challenged this, contending the housing constituted 'agricultural use structures' exempt from APA jurisdiction under the Adirondack Park Agency Act and the Wild, Scenic and Recreational Rivers System Act. The Supreme Court annulled the APA's determination, agreeing with Lewis Farm. The Appellate Division affirmed the Supreme Court's judgment, concluding that farmworker housing directly and customarily associated with agricultural use falls under the 'agricultural use structure' exemption, thus not requiring an APA permit.

Land UseAdirondack Park Agency ActAgricultural Use StructuresSingle Family DwellingsPermit RequirementsStatutory InterpretationCPLR Article 78Farmworker HousingZoning ExemptionEnvironmental Law
References
15
Case No. 2019 NY Slip Op 08951 [178 AD3d 525]
Regular Panel Decision
Dec 12, 2019

Matter of Global Liberty Ins. Co. of N.Y. v. North Shore Family Chiropractic, PC

The Appellate Division, First Department, affirmed the dismissal of a petition by Global Liberty Insurance Company of New York, which sought to vacate an arbitration award denying their claim. Global Liberty had argued that workers' compensation benefits were available to the assignor, Ramon Martinez, and thus their denial of the no-fault insurance claim to North Shore Family Chiropractic, PC (Martinez's assignee) was proper. The court found that Global Liberty failed to prove Martinez was injured in the course of his employment. The order was modified to remand the matter for a determination of attorneys' fees owed to North Shore Family Chiropractic, PC, including those for the appeal.

Insurance DenialNo-Fault BenefitsArbitration AwardAttorneys' FeesWorkers' Compensation CoverageEmployment StatusAppellate ReviewRemandBurden of ProofAssignor
References
4
Case No. MISSING
Regular Panel Decision

Claim of Groth v. Daimler Chrysler Corp.

This legal motion pertained to a request for leave to appeal from an Appellate Division order. The Appellate Division had previously denied reargument in the underlying case. The court dismissed the motion for leave to appeal, reasoning that the Appellate Division's order did not constitute a final determination as defined by the Constitution. Separate from this, any other aspects of the motion for leave to appeal were also denied.

References
1
Case No. MISSING
Regular Panel Decision

Matter of Robert SS. v. Ashley TT.

The case involves an appeal from a Family Court order concerning child custody and visitation. The mother, Ashley TT., appealed the visitation order after the Family Court granted her sole legal custody but allowed the incarcerated father, Robert SS., four visits per year with their son. The father is serving an eight-year prison sentence for rape. The Family Court considered the son's preference to visit his father and found that a social worker's concerns about potential harm were not directly related to the father's behavior. The appellate court affirmed the Family Court's decision, concluding that the mother failed to rebut the presumption that visitation with an incarcerated parent is in the child's best interests by a preponderance of the evidence.

Child CustodyChild VisitationIncarcerated ParentBest Interests of the ChildFamily Court Act Article 6Custody ModificationParental RightsSchuyler CountyAppellate DecisionChild Welfare
References
4
Case No. MISSING
Regular Panel Decision

In re Zachari

A motion for leave to reargue or for leave to appeal to the Court of Appeals was denied. The decision included an award of $10 costs. Justices Breitel, Rabin, Valente, Eager, and Steuer concurred with the decision.

Motion to ReargueLeave to AppealCourt of AppealsCosts AwardedJudicial Concurrence
References
0
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